Part 14.7 Viaduct Harbour Precinct

PART 14.7 - VIADUCT HARBOUR PRECINCT

CONTENTS ...... PAGE

VIADUCT HARBOUR PRECINCT ...... 4 14.7.1 BACKGROUND ...... 4 14.7.2 RESOURCE MANAGEMENT ISSUES ...... 4 14.7.3 RESOURCE MANAGEMENT OBJECTIVES AND POLICIES ....5 14.7.4 RESOURCE MANAGEMENT STRATEGY...... 6 14.7.5 ANTICIPATED ENVIRONMENTAL RESULTS ...... 8 14.7.6 RULES - ACTIVITIES ...... 8 14.7.7 RULES - DEVELOPMENT CONTROLS ...... 17 14.7.8 FINANCIAL CONTRIBUTIONS ...... 19 14.7.9 RESTRICTED VEHICLE ACCESS ...... 21 14.7.10 EASTERN VIADUCT PEDESTRIAN ACCESSWAY ...... 21 14.7.11 REFERENCES ...... 21

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VIADUCT HARBOUR PRECINCT

b) The function of Viaduct Harbour in providing sheltered berthage and support facilities for fishing and charter 14.7.1 BACKGROUND boat operations and other maritime-related activities. c) Constraints on public access through the Precinct and Throughout its history the Viaduct Harbour has witnessed to the harbour edge due to the existing roading and the the development and subsequent demise of a wide range of land ownership patterns. commercial and industrial uses including timber milling, d) Potential loss of significant views from the city to the boat building and port cargo handling. The more recent harbour and adjacent landscape features. industrial and commercial activities within the area were fish processing and the city produce markets. e) The need for different and shared (public and private) approach to funding public work in the basin. Zoning has been applied to the Viaduct Harbour for a number of years, both to recognise its character and Assessment of Risk location, and to enable and encourage its comprehensive The Viaduct Harbour Precinct is included in the study area redevelopment. Since 1990 a number of circumstances examined in the Auckland Western Reclamation Area have changed. Of particular relevance are: Land Use Safety Study prepared by the New South Wales • proposals for facilities for the defence of the America’s Department of Urban Affairs and Planning (DUAP). The Cup study involved reviewing a previous study done by the Department in 1989. • relocation of the produce markets to the south of the city The review was necessary for several reasons. One of the more immediate concerns was the decision to locate the • an abandonment of the original proposals by America’s Cup bases in the Viaduct Harbour and the landowners to reconfigure the shape and depth of the consequent need to re-evaluate the safety issues associated Harbour, particularly in its western and southern parts with the existing activities in Wynyard Quarter. The land • the loss of direct linkage (through a development and use study was publicly released in April 1998 with s joint venture) between the freehold and leasehold subsequent addendum released in September 1999. The interests at Viaduct Harbour, and hence the loss of the study has found that a significant number of technical and guaranteed comprehensive development of the safety management improvements have been made since Harbour. the 1989 study was carried out and these have had a considerable impact on the cumulative risk results for the The Precinct provisions reinforce the Council’s ongoing study area. Both individual and societal risk have been strategy for encouraging the development of Viaduct significantly reduced. The study noted that societal risk is Harbour as a lively “people place” while responding to the dependent both on the level of individual risk and the size changed circumstances as outlined. and distribution of the exposed population and that it is important that there should not be a significant intensification of residential development in proximity to 14.7.2 RESOURCE MANAGEMENT the industrial area, beyond that projected in the study. In ISSUES determining the range of activities allowed in the Viaduct Harbour Precinct regard has been had to the level and nature of the risk arising from existing and permitted The unique character and location of the Viaduct Harbour industrial activities in adjoining areas to ensure that land gives a unique and critical role in the development of an use and development in the Viaduct Harbour Precinct does alive, exciting, accessible waterfront for people, and as a not result in any constraint to existing and permitted centre for maritime events. In fostering this character the industrial activities in proximity to the Precinct. following resource management issues are identified: A further study was undertaken by DUAP in May 2001 to a) The opportunity to provide for a greater diversity of assess the risks of transporting hazardous substances by activities for attracting people to the Precinct and to road into, out of, and within Wynyard Quarter. This study enhance the quality of its existing amenities for included Halsey Street, which adjoins the Viaduct Harbour pedestrian enjoyment as the use of the land away from Precinct. The study has been used in determining safety berthage areas in the harbour for marine related and considerations that need to be assessed for industrial activities reduces. accommodation/non permanent accommodation located

CITY OF AUCKLAND - OPERATIVE DISTRICT PLAN Page 4See key on page 1 CENTRAL AREA SECTION - OPERATIVE 2004 of this section updated 06/09/2011 PART 14.7 - VIADUCT HARBOUR PRECINCT adjacent to Halsey Street (see clause 14.7.6.1 and Precinct sense of intimacy along street and other public space Plan F which recognises and allows for the future frontages. forecasted hazardous substances transport levels identified c) By allowing for a range of activities including events in the DUAP Study May 2001). which will reinforce the area’s vitality, excitement and interest for the public. 14.7.3 RESOURCE d) By providing the opportunity for the Viaduct Harbour MANAGEMENT area to support an increased, more diverse range of activities, including major international and special OBJECTIVES AND maritime events. POLICIES e) By ensuring that significant portions of ground floor frontages adjacent to primary pedestrian areas are made available for activities such as retailing, food, 14.7.3.1 OBJECTIVES beverage and customer services. f) By ensuring that environmental qualities and amenities A. To reflect in the Viaduct Harbour area the are maintained and where practicable enhanced. Council’s vision that the central area should be g) By ensuring that port and other marine-related a people place, exciting, appealing and activities can operate adjacent to both the Council distinctive offering a wide variety of attractions owned public open spaces and privately owned open reflecting its unique mix of peoples. space over which there are conservation covenants, B. To encourage the development and use of the without unduly impeding pedestrian accessibility to the water’s edge. Viaduct Harbour in a manner which will: Methods • establish a clear identity for Viaduct Harbour as a special place of character in the central area i) Through applying building height, special frontage height and floor area ratio restrictions. • continue to meet needs of the marine related activities ii) Through requiring resource consent applications for new buildings and building alterations and additions to • make the harbour edge a better and more be assessed as restricted controlled activities. attractive place to be iii) Through identifying and protecting significant views • maintain and enhance the overall environmental to, from and within the Viaduct Harbour. conditions within the basin area. iv) Through providing a wide range of commercial, • provide permanent public open space, including entertainment, recreational, tourist and residential public open space owned by the Council and activities in order to attract visitors and permanent privately owned open space over which there are residents into the area. conservation covenants, and other facilities in v) Through applying a special character frontage control conjunction with international and special which gives priority to activities at ground level which maritime events such as yachting regattas. contribute to the maintenance of pedestrian interest and activity. • provide a stimulus for the redevelopment of adjacent waterfront areas in accordance with vi) Through maintaining provision for the needs of the planning objectives and proposals for the maritime-related activities such as the fishing industry, ferry and charter boat operations in the Viaduct central area. Harbour, including recognition of the particular Policies operational needs of the Eastern Viaduct. a) By providing for building scale and location within the vii)Through restricting the provision for offices to Precinct which allows views of the harbour and locations which avoid encroachment into special adjacent landscape features from the city through character frontages and the main areas of pedestrian viewshafts and height controls. interest and activity. b) By encouraging a scale of development which viii)Through limiting the scale and nature of industrial maintains height controls from the core of the Central activities to those whose operational needs require Area to the harbour edge and which in combination them to locate in the area. with view corridors within the Precinct achieves a

CITY OF AUCKLAND - OPERATIVE DISTRICT PLAN CENTRAL AREA SECTION - OPERATIVE 2004See key on page 1 Page 5 of this section updated 06/09/2011 PART 14.7 - VIADUCT HARBOUR PRECINCT ix) Through implementing rules to reduce, avoid, remedy iv) Through applying a requirement for verandah coverage or mitigate the adverse effects of activities on the along key pedestrian thoroughfares. amenities of the area. v) Through applying Design Against Crime Guidelines x) Through applying floor area restrictions to certain for the design and layout of public open spaces. activities in the special character frontage control area.

14.7.4 RESOURCE 14.7.3.2 OBJECTIVE MANAGEMENT STRATEGY To provide for new public open space, public amenity works and infrastructure required in the Viaduct Harbour. The Viaduct Harbour Precinct comprises a special character area bounded by Halsey Street, Fanshawe Street, Policies Sturdee Street, Lower Hobson Street and the Western and a) By providing a network of different-sized public open Eastern Viaducts. spaces in key locations along the water’s edge to cater Some of the traditional port-related and industrial activities for a range of recreational opportunities and provide within the Precinct are declining or have gone elsewhere. vantage points. The Turners and Growers markets have relocated out of the b) By designing and developing Waitemata Plaza in a area and the Ports of Auckland Ltd have declared most of manner which will cater for a wide variety of activities the land surplus to its requirements for the operation of the and special events related to Viaduct Harbour and port. However, as an area of sheltered water, the Viaduct which will serve the needs of visitors to the city, the Harbour remains an important area for port and other wider Auckland community and future residents of the marine-related activities including maritime events, and area. berthage for a range of small commercial and pleasure vessels. The harbour has been extensively reconfigured by c) By maintaining and enhancing the quality of public dredging and reclamation works, increasing its versatility open spaces through appropriate landscaping and for vessel movements and berthage and maritime events. paving. The harbour’s western side has been developed with d) By enhancing the quality and attractiveness of streets berthage and buildings which originally provided bases for and other public open spaces where pedestrians can America’s Cup syndicates. Previous agreements between move safely and easily. the Council and other bodies in the area to achieve a comprehensive development of the Viaduct Harbour area e) By providing for continued use of all berthage areas have ended, making previous planning strategies for adjacent to the public open spaces for small appropriate redevelopment unworkable. commercial vessel activities and other port and marine related uses. While the Viaduct Harbour remains an important area for port and other marine-related activities, the Council has Methods also developed strategies to recognise and enhance the i) Through imposing financial contributions to recover Central Area. The public facilities developed in the eastern from new development at Viaduct Harbour appropriate end of the Harbour can now better provide for international contributions towards the cost of providing and boating races and other events such as concerts and the upgrading the public facilities and infrastructure in the remainder of the Harbour offers potential to be redeveloped Viaduct Harbour area or a combination of a more as a vital and interesting area. Waitemata Plaza and contribution towards such costs and the provision of Market Square reinforce that focus by providing quality appropriate public amenity works. open spaces or gathering points and venues for a wide range of public events and activities. ii) Through providing public open spaces around the perimeter of the Harbour via designation and the The Precinct recognises the special environment of setting aside of esplanade reserves Viaduct Harbour characterised, in particular, by its enclosed water space, interesting water edge and potential iii) By applying restrictive covenants to public open for unrestricted public access, its location close to the spaces along the water’s edge to protect public access central city, and its low rise character buildings. rights and to enable the efficient operation of maritime- related activities such as the fishing industry, ferry and To build upon and reinforce the Viaduct Harbour’s charter boat operations. attributes, provision is made for a wide range of activities. In particular, the establishment of a mix of recreation, leisure, retail and entertainment activities is encouraged

CITY OF AUCKLAND - OPERATIVE DISTRICT PLAN Page 6See key on page 1 CENTRAL AREA SECTION - OPERATIVE 2004 of this section updated 06/09/2011 PART 14.7 - VIADUCT HARBOUR PRECINCT along the water’s edge, open spaces and certain roads Design guidelines complement the development controls where pedestrian activity is likely to be highest. This to maintain and enhance the form and character of a approach is implemented through the special character number of the former industrial and commercial buildings. frontage control, by directing office provision away from The importance of maintaining views of the harbour and the likely high-pedestrian areas and by placing a limit on adjacent landscape from the city is recognised as important the floor area of individual tenancies. An exception to the in contributing to the character and amenities. This will be floor area limit is permitted where the City Markets achieved by the combination of the height controls and the building is used for indoor markets. In this case, the identified view corridors through the Precinct. provision is aimed at encouraging activities which can add colour and vitality. The provision of quality open spaces and the ease and safety of pedestrian movement through the Precinct are Provision for residential activities is included to encourage fundamental to encouraging greater public interest and stable population in the Precinct. Maritime-related presence in the area. Public open space is designated along activities remain as an important and integral part of the the water’s edge to the east of the Lighter Basin where the area’s interest and character, but to a level which does not existing title configuration makes it unlikely that the land compromise the amenities of other activities and public would be set aside through the Esplanade Reserve open spaces along the water’s edge. The area of the Eastern provisions of the Resource Management Act 1991. To the Viaduct to the west of the Maritime Museum is west of the Harbour where there are a number of potential distinguished from the rest of Precinct Area 2 to recognise development sites adjoining the Harbour, a 20 metre wide particular maritime-related activity needs such as marine esplanade reserve was vested in the Council. The vested related administration and other facilities. land has been reclaimed to provide better manoeuvring The building bulk controls include height controls, floor width for boats within the Lighter Basin and public access area ratios and a building frontage control which adjoins protected by a conservation covenant to a width of 10 roads and public open space. metres along the new western edge of the Lighter Basin. In providing for a range of activities within the Precinct, in The open space network incorporates a range of different particular residential accommodation/non permanent sizes, widths and shapes to cater for varying recreational accommodation, regard has been had to the level and needs. The width of space around the Basin perimeter is nature of risk which activities could be exposed to from also sufficient for the coexistence of maritime-related existing and permitted activities in the Wynyard Quarter activities, pedestrian promenades, open air cafe seating and and from transportation of hazardous substances along similar activities. Halsey Street. Accordingly, residential accommodation / Revenue levied through financial contributions will non permanent accommodation along Halsey Street within contribute towards the creation of public open space identified transport risk contours (as shown on Precinct infrastructure and provision of public amenity works Plan “F”) shall have regard to safety and traffic within the Harbour and necessary roading improvements. considerations. Furthermore, the development of the range All financial contributions collected from Basin of activities currently provided for in the Viaduct Harbour developments, will be expended within the Basin. Precinct is considered appropriate from a risk perspective and such development will not result in constraints on Resource consents granted to the Auckland Regional industrial activities provided for in the Wynyard Quarter Services Trust in October 1996 would still ensure that provisions of the Plan. continuous long-term public access around the perimeter of the Viaduct Harbour is secured, but in a manner which may This building development regime is intended to provide a require appropriate statutory alteration to the Precinct framework which, while providing flexibility in building provisions. In particular, the conditions of the consents design, encourages well-defined edges to public spaces, a require pedestrian access to be secured by way of sense of enclosure at the built edges of public space and a conservation covenants over a reclaimed island accessed visual transition in the height of built form extending from from the Eastern Viaduct pedestrian accessways along the the water's edge of Viaduct Harbour to the established seaward boundary of a new Halsey Street reclamation and central commercial area. pedestrian accessways along the seaward boundary of the A special building height control applies to that part of the land formerly known as “Log Farm” on the western side of Precinct which adjoins the defined public places and the Lighter Basin, to the width and configuration required proposed esplanade reserves. By maintaining a minimum in the conservation covenant and recorded in the deposited base height this control requires the design of new plans for each site. buildings to conform to a scale which is considered appropriate in this location, providing a defined edge to public places.

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Those activities marked (RD) and (RC) are restricted discretionary and restricted controlled activities and 14.7.5 ANTICIPATED applications may be considered without need for ENVIRONMENTAL notification or service of notice except as provided for by RESULTS section 95A(4) or 95A(2)(b) of the Resource Management Act 1991. The Council will restrict the exercise of its discretion to those matters specified in the Plan for each It is expected that the provisions adopted for the Viaduct particular activity. Basin Harbour will result in the following. Note 1: Activities proposed to be undertaken within the a) Viaduct Harbour will be an outstanding entertainment water area of the Viaduct Harbour may require approval and tourist centre and a place people want to visit. from the Auckland Regional Council under the provisions b) Viaduct Harbour will maintain a role in providing a of the Regional Plan: Coastal. base for the fishing fleet, charter boats and other 14.7.6.1.1 Permitted Activities maritime-related activities. The permitted activities within the Precinct are those which c) Viaduct Harbour area will be an attractive and safe will contribute to the development of a vibrant and area, reflecting good design interesting waterfront area. Particular provision is made d) Central Auckland will be known and appreciated for for activities that are attractive to pedestrians and visitors to the quality of its harbour front developments and the Central Area. Provision is also made for public open associated public places in the Viaduct Harbour area. space activities and marine-related activities in order to complement activities within the water area of Viaduct e) There will be excellent access to and within the Harbour. Viaduct Harbour area. 14.7.6.1.2 Restricted Controlled Activities f) People will be able to walk around the area’s edge. 14.7.6 RULES - ACTIVITIES While many activities are permitted, buildings that comply with the development controls for the Precinct are 14.7.6 RULES - ACTIVITIES restricted controlled activities. In addition, accommodation / non permanent accommodation on those sites bounded by the Viaduct Harbour, Halsey Street, Fanshawe Street and Bouzaid Way 14.7.6.1 ACTIVITIES IN THE VIADUCT and shown within the shaded area on Precinct Plan F is a HARBOUR PRECINCT restricted cntrolled activity. For demolition of buildings or creation of vacant space the The activities allowed in the Viaduct Harbour Precinct are criteria under 5.5.2. shall apply. as listed in the following table except that 14.7.6.1.3 Discretionary Activities (a) For those activities marked “*” see clause 14.7.7.2; and The discretionary activities in the Precinct may be consented to by the Council in accordance with the criteria (b) Those activities marked “#” are permitted activities in set out in clause 14.7.6.2 and may be subject to conditions the Precinct Area 2 only within the area of the Eastern to avoid, remedy or mitigate the prospect of significant Viaduct shown on Precinct Plan A adverse effects.

Activities Precinct Area 1 Precinct Area 2

Accommodation/non permanent accommodation, except on those sites P NC bounded by the Viaduct Harbour, Halsey Street, Fanshawe Street and Bouzaid Way and which are within the shaded area defined on Precinct Plan F.*

Accommodation/non permanent accommodation, on those sites bounded by the RC NC Viaduct Harbour, Halsey Street, Fanshawe Street and Bouzaid Way and which are within the shaded area defined on Precinct Plan F

Ancillary car parking in accordance with the maximum permitted standards P P under 9.7.1 or which is ancillary to activities in the Coastal Marine Area #

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Activities Precinct Area 1 Precinct Area 2 Artworks, open air markets, kiosks, stalls, displays, tables and seating, P P including those used in association with food and beverage activities located on adjacent sites, with the exception of tables and seating used in association with food and beverage activities located on adjacent sites in Waitemata Plaza. See clause 14.7.7.6 for coverage control in Waitemata Plaza, Market Square and the promenade area of Precinct Area 2 (excluding Te Wero and the Eastern Viaduct).

Auctioning, of fish, shellfish, fish by-products, fruit, vegetables and flowers P NC

Bridges and associated buildings and machinery# NC P Buildings and additions or alterations to buildings that comply with the RC RC development controls for the precinct in which they are located.

Charter boat and ferry and marina operations*# P P

Community care facilities P NC Construction, maintenance, upgrading and use of landings for jetties, pontoons P P and such other structures, including mooring bollards, fenders, gangways and ladders, required for the access, loading, unloading and berthage of vessels.

Demolition of buildings or creation of vacant space RC RC

Education P NC

Entertainment/gathering * P NC

Excavation works associated with the creation of new water space RC RC

Fish processing and coolstores ( including bait freezers) D NC

Food and beverage* P NC

Ice tower (one only) not exceeding 15m in height NC RD

Indoor markets within the existing City Markets building located on the site P NC described as Part Block XVIII contained in C.T. 78D/76

Maintenance and upgrading of the Viaduct Harbour seawall RC RC

Museums*# P P

Offices located within the area defined on Precinct Plan A P NC

Permanent refuelling facilities for boats RD NC

Quick Vehicle Service and Facilities where the site is located between Halsey D NC Street and Customs Street West and has direct frontage to Fanshawe Street

Refuelling (from mobile refuelling facilities), resupply, loading and unloading P P of boats

Refuelling of boats where the permanent refuelling facilities are located in RD P Precinct Area 1

Restrooms P P

Retail where the gross floor area of any individual tenancy does not exceed P P 400m2, except that on sites where Clause 14.7.7.2 applies the gross floor area of any individual tenancy does not exceed 300m2*

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Activities Precinct Area 1 Precinct Area 2 Retail where the gross floor area of any individual tenancy exceeds 400m2 but D NC does not exceed 750m2 for the area defined on Precinct Plan A

Services* P NC

Short-term public visitor car parking D RD Temporary activities - refer clause 14.7.6.3

Workrooms for light manufacturing service or repair activities with a gross P NC floor area of less than 300m2

Yachting, boating and harbour administration and ticketing facilities*# P P

P = Permitted Activiy street axes, public spaces and in some places to give shade. Landscape treatment within the site DR = Restricted Discretionary Activity should be consistent with the landscape theme of RC = Restricted Controlled the public places. In general the landscape treatment should reflect the inner city/urban/ NC = Non-complying Activity marine-related quality of the development; D = Discretionary Activity vi) the manner in which developments are integrated with adjacent public spaces 14.7.6.2 ASSESSMENT CRITERIA vii)landscaping of all parking areas and loading spaces not located in a building. These shall be landscaped 14.7.6.2.1 Particular Matters to be Addressed in a manner consistent with the overall landscape theme for the surrounding sites and public places; Controlled and Restricted Controlled Activities viii)the location of access points to individual sites; a) For applications for buildings or alterations and and additions to buildings including accessory buildings, the Council will need to be satisfied that building and ix) the provision of open space and the provision of site design are appropriate and sensitive in respect of: pedestrian and vehicular linkages through and around Viaduct Harbour i) the design and scale of adjoining public streets, places and pathways where the emphasis upon the Note: Compliance with the Auckland City Design visual linkages between these elements is not Guidelines - Viaduct Basin will be deemed to compromised. Where the open space is satisfy the above assessment. predominantly for the use of pedestrians then the Explanation character of building and site design will be expected to reflect this theme; All building development in the Precinct is a restricted controlled activity. This is intended to provide a ii) the design and character of the buildings presenting framework which, while providing flexibility in building a varied but harmonious facade to the public. design, encourages well defined edges to public spaces, a Depth to building facades will be expected. This sense of enclosure at the built edges of public space and a relates, for example, to the manner in which transition in height of the built form extending from the windows and doors are treated water's edge to the Central Area core. iii) use of exterior building materials and elements b) Any proposal for accommodation/non permanent which provide a varied but harmonious urban accommodation on those parts of the sites in the character throughout the Precinct. Such elements Viaduct Harbour Precinct that are within a defined among other things include glazing, paving, radius measured from the centre point of each of the lighting, pedestrian shelter. intersections of Halsey Street and Pakenham Street iv) signage West, and Halsey Street and Viaduct Harbour Avenue/ Gaunt Street and Halsey Street and Fanshawe Street (as v) treatment of the landscape surrounding the shown on Precinct Plan "F") will be considered against buildings which is robust and harbour-related. the following additional criteria. Trees may be used to emphasise such things as i) Safety considerations, in particular:

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Applications must demonstrate that adequate Explanation measures have been taken to protect any The criterion recognises the close proximity of the sites accommodation/non permanent accommodation bounded by the Viaduct Harbour, Halsey Street and activity from the possible risks from fire, following Bouzaid Way (and shown within the shaded area on accidental spillage of bulk flammable liquids on Precinct Plan F) to the Wynyard Quarter within which Halsey Street, (such means may take the form of a there are established industrial and marine related buffer or separation distances or the construction of activities and where the establishment of new such block walls). In addition, fire evacuation plans for activities is a permitted activity. It is desirable that occupants of accommodation/non permanent accommodation/non permanent accommodation on the accommodation activities shall take into account sites bounded by the Viaduct Harbour, Halsey Street and any such emergency which may arise in Halsey Bouzaid Way (and shown within the shaded area on Street. Precinct Plan F) should be constructed to a standard that ii) Traffic consideration, in particular: ensures appropriate mitigation of adverse noise effects generated by those industrial type activities and therefore Halsey Street is identified as a secondary hazardous promotes a tolerant co-existence of activities. substance transport route on Wynyard Quarter. Beaumont Street is identified as the primary d) In assessing a restricted controlled activity application hazardous substances route on Wynyard Quarter. for excavation works associated with the creation of However, Halsey Street is also used as a hazardous new water space or maintenance and upgrading of the substances transport route and it provides Viaduct Harbour Seawall the Council shall have regard complementary access to and from Wynyard to the following: Quarter. (i) The effect of the finished land/water configuration on; Explanation • The marine environment (including water, Hasley Street is identified as a secondary hazardous sediment quality, and ecology) of the Viaduct substance transport route on Wynyard Quarter. Beaumont Harbour; Street is identified as the primary hazardous substances • Hydrogeology (ground water) and hydrology; route on Wynyard Quarter. However, Halsey Street is also used as a hazardous substances transport route and it • Sediment accumulation and the need for ongoing provides complementary access to and from Wynyard maintenance dredging of the Viaduct Harbour. Quarter. While accommodation / non permanent (ii) The effect of construction work including the accommodation is provided for on these sites, special management of silt, contaminated soils and consideration is required for the possible effects of fire, groundwater, and other contaminants; following the accidental spillage of bulk flammable liquids on Halsey Street and of the effects of traffic movements (iii)The ability of the residual land area to provide for from the sites. development in accordance with the Viaduct Harbour Precinct objectives and policies and to provide c) Any proposal for accommodation/non permanent adequate public open space adjacent to, and public accommodation on sites bounded by the Viaduct access around, the waters edge; Harbour, Halsey Street, Fanshawe Street and Bouzaid Way and shown within the shaded area on Precinct (iv)The effect on navigation within the Viaduct Harbour; Plan F should be designed so that the internal noise (v) The effect of the design and construction of seawalls levels in the accommodation / non permanent (in accordance with commonly accepted construction accommodation units do not exceed 35dBA L10 in practice and methodology) does not lead to the bedrooms and 45dBA L10 in other habitable rooms, standard of any berthage being reduced when based on an external noise level of 60 dBAL10 compared to the facility prior to the upgrading or measured at all the site boundaries. A ventilation maintenance. system should be installed which does not exceed 35dBA L10 in bedrooms and which enables the units Explanation to be lived in without the need to open windows or The criterion recognises that seawalls in the Viaduct external doors for ventilation purposes. Harbour represent a scarce and valuable resource. The The Council may impose conditions requiring suitable seawalls provide a sheltered haven for a range of leisure standards of design, construction, insulation and and commercial vessels. In particular, the criteria ventilation to comply with the above standards and recognise that, when upgrading and maintaining seawalls, may require that compliance with the standards should the adverse effects on any berthage in the Viaduct Harbour be certified by an experienced acoustic engineer prior to commencement of construction.

CITY OF AUCKLAND - OPERATIVE DISTRICT PLAN CENTRAL AREA SECTION - OPERATIVE 2004See key on page 1 Page 11 of this section updated 06/09/2011 PART 14.7 - VIADUCT HARBOUR PRECINCT for use by leisure and commercial vessels is minimised so i) fish processing shall be limited to primary as to ensure the sustainable management of these operations such as filleting and packing to avoid resources is provided for. odour produced by secondary processes of cooking, drying and rendering In addition, the adverse effects of excavation and seawall maintenance may be significant. Special consideration ii) consideration shall be given to generated noise and will be required to ensure adverse effects on the vibration from the fish processing plant and its environment are avoided or mitigated. associated cooling and refrigeration equipment Excavation works may also require consent from the iii) discharges from the processing operation, Auckland Regional Council where they involve discharge including all work areas washed down, to go to the of contaminants, stormwater, groundwater, surface water sewerage system. More specifically, no action or significant earthworks. A consent may also be required shall cause the unauthorised discharge of any if the creation of water space involves the impoundment of potential contaminant to the ground or natural coastal water, discharges, or structures within the coastal waters without the granting of a discharge permit marine area. See also clause 14.7.12 for references to from the Auckland Regional Council and areas for other Parts of this Plan. the storage, handling, and processing of fish shall be drained to an approved sanitary sewerage or By virtue of clause 14.7.8(a) subdivision and development trade waste disposal system only. Adequately of the land known as the former Log Farm site is exempt designed and well maintained oil/grill traps shall be from esplanade reserve, conservation covenant, and installed in the drainage system on any wash down financial contributions requirements until 1 July 2010. facility; Discretionary Activities iv) the need for refrigerated storage of putrescible Discretionary activities will be assessed in terms of the waste and by products under fly-, vermin- and following. animal-proof conditions and for their daily collection. Such storage to be either within the Note: For restricted discretionary activities (a) of the building or in a facility outside the building which following does not apply: provides a bunded enclosed area discharging to an a) The general criteria contained in Part 5. approved disposal system; b) For car parking the additional criteria (where relevant) v) the combination of types and amounts of hazardous for the assessment of car parking as contained in substances stored on site and method of storage. Clause 5.6.3.1(c) and whether any underground car Storage of some chemicals shall be in bunded, park structure is designed to ensure adequate soil depth covered areas so that fumes and leaks can be easily and drainage for plant growth at ground level. detected and contained; and Explanation vi) the design, location and scale of any buildings and associated facilities such as cool stores. These Car parking areas or buildings can have adverse effects in should be in accordance with the development and terms of traffic generation as well as visual. Particular landscape design and appearance criteria in Clause consideration is required to ensure these effects are 14.7.6.2.1 and the associated guidelines avoided or mitigated. Explanation c) In general, retail where the gross floor area of any individual shop or tenancy exceed 400m2 but does not The Precinct provisions have a commitment to retain some exceed 750m2 should comply with the Plan’s maritime-related activities. If these activities are to remain permitted parking standards. However, additional they must be made compatible with the provision of public parking may be required where it is considered in the open space and other people-centred activities as well as view of the Council that the specific nature of a avoiding or mitigating adverse environmental effects on proposal is likely to generate a need for parking the Harbour itself. beyond the permitted parking standards. e) For the assessment of applications for the refuelling of d) In assessing a discretionary activity application for fish boats from permanent facilities the Council will need processing and associated cool stores in order to to be satisfied that: control the likely effects generated of odour, noise, i) any associated buildings and site design are vibration, attraction of flies and vermin, storage of appropriate in respect of the criteria of Clause product/waste, discharge of waste and storage of 14.7.6.2.1; hazardous substances, the Council shall have regard to the following: ii) that the relevant criteria set out in Clause 5.6.3.1(b) are met; and

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iii) that the activity does not hinder or restrict public tables, seating and structures associated with the access to the water’s edge except as may be activity subject to the following standards: permitted from time to time within the terms of a) The activities shall comply with the general noise conservation covenants. level under clause 7.6 of the Plan, except that for Explanation no more than 15 noise events in total within the Viaduct Harbour Precinct (regardless of venue) in These activities are necessary for the operation of marine any calendar year (1 January to 31 December activities but they should not unduly restrict public access inclusive) those levels may be exceeded subject to to the waters edge. They are also capable of generating the following: adverse effects and hazards and these need to be controlled. i) The general noise level under clause 7.6 may be exceeded for a cumulative duration of not more f) For the assessment of applications for quick vehicle than 6 hours within any 24 hour period for a servicing the Council will need to be satisfied that the noise event; and activity meets the criteria set out in Clause 5.6.3.1(b). ii) The maximum noise levels: Explanation • For no more than 3 of the 15 noise events Quick vehicle service facilities may have adverse effects on and for a cumulative duration of not more traffic generation, noise and visual amenity. The extent than 3 of the total 6 hours permitted in and nature of these effects is often site specific but it is paragraph i) above (exclusive of one sound considered that there is room for a single quick vehicle check of no more than one hour duration service facility within the Precinct on Fanshawe Street. prior to each event) shall be: The Council does not wish to specify the exact site but will consider the extent and nature of the effects of any proposal 85dBA L10 in the specified area together with the development 90dBA L01 controls and the means by which any effect may be avoided 80dB L10 at 63 Hz or mitigated. 80dB L10 at 125Hz (high noise level) 14.7.6.3 TEMPORARY ACTIVITIES • At all other times during the 15 noise events shall be:

Temporary activities permitted in the Viaduct Harbour 75dBA L10 Precinct are those listed in Part 15 clause 15.5.1.3 of this 80dBA L01 Plan, with the exception of clauses 15.5.1.3A.1 (b) and (e), 80dB L10 at 63 Hz clause 15.5.1.3A.2 and clauses 15.5.1.3B and 15.5.1.3A.3. 80dB L10 at 125Hz The following additional temporary activities apply in the (medium noise level) Viaduct Harbour Precinct. Except as provided elsewhere in this clause, noise Note 1: For the purpose of this rule, except where otherwise levels shall be measured in accordance with the stated, Waitemata Plaza and Market Place as defined on requirements of NZS6801:1991 "Measurement of Precinct Plan D, the promenade area of Precinct Area 2 Sound" and shall be assessed in accordance with (excluding Te Wero and the Eastern Viaduct) and Te Wero NZS6802:1991 "Assessment of Environmental and the Eastern Viaduct are all separate venues. Sound" except that Clause 4.4 shall not be used. Note 2: For the purpose of this rule the development iii) Within Waitemata Plaza and Market Square as controls in section 14.7.7 or Part 6 of the district plan do not shown on Precinct Plan D the following apply unless otherwise stated in rule 14.7.6.3 below. additional restrictions apply: • there shall be no high noise level events; A. Permitted Activities and 1. Events including associated parking and buildings, • there shall be no more than 2 noise events in tents, marquees and air supported canopies, tables and any 4 week period; and seating and structures where the activities do not occupy any venue for more than 5 days, inclusive of • of the total 15 noise events there shall be no time required for the establishment and removal of all more than 6 in any one calendar year and buildings, tents, marquees and air supported canopies, the general noise level under clause 7.6 shall not be exceeded for a cumulative duration

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of more than 3 hours for any one noise e) No associated parking shall be located in Market event. Square or Waitemata Plaza as shown on Precinct Plan D. For the purpose of the restrictions above Waitemata Plaza and Market Square are counted as a single f) No part of any venue in Precinct Area 2 that has venue. been occupied by an event may be reoccupied by another event within a period of five days after the iv) Noise levels exceeding the standard in clause end of the event. 7.6, including sound checks, shall start no earlier than 9.00am and shall finish no later g) Consultation must be undertaken with the majority than 10.30 pm Sunday to Thursday inclusive, freehold land owner within the Viaduct Harbour 11.00pm Friday and Saturday and 1.00am New Precinct. Year's Day; and For the purpose of this rule "noise event" means a v) Not less than 4 weeks prior to the temporary activity that exceeds the general noise levels commencement of the noise event, the under clause 7.6 of the Plan for a cumulative duration organiser shall notify the Council in writing: of not more than 6 hours within any 24 hour period. • the names and types of the acts and whether 3. Any activity or structure associated with a "Major they are anticipated to be within the medium Event" for which an Event Permit has been obtained noise level or high noise level as defined in subject to compliance with rule 14.7.6.3.A.1(a). (i) above. 4. Offices, storage sheds, scaffolding and falsework, • the person(s) and procedures for monitoring storage yards, builders’ workshops and buildings or of compliance with noise levels activities of a similar character where such buildings or activities are: • the nominated alternative date in the event of postponement due to the weather i) incidental to a building or construction project; and vi) The Council will keep a record of all Noise ii) limited to the duration of the project or for a period Events held and provide this information upon not exceeding: reasonable request. a) 24 months on Te Wero; or b) No toilets shall be located in Market Square or b) 6 months anywhere else in the Precinct. Waitemata Plaza except in the area shown on Precinct Plan E. 5. Any temporary storage, stack of goods or materials on Te Wero for a period not exceeding six months. 2. Events, including associated parking and buildings, tents, marquees and air supported canopies, tables, B. Restricted Controlled Activities seating and structures are permitted activities where the activities occupy any venue for more than 5 days The following restricted controlled activities will be but not more than 21 days, inclusive of time required considered without notification or the need to obtain the for the establishment and removal of all buildings, written approval of or serve notice on affected persons, tents, marquees and air supported canopies, tables, except as provided for by section 95A(4) of the Act. seating and structures associated with the activity, a) Events, including associated parking and buildings, subject to the following standards: tents, marquees, air supported canopies, tables, seating a) An Event Permit has been obtained for the and structures, where the activities occupy any venue particular activity; for more than 5 days but not more than 21 days (inclusive of time required for the establishment and b) No buildings, tents, marquees, air supported removal of all structures and activities associated with canopies, tables, seating and structures associated the activity) where compliance with the performance with the activity shall be permitted within the 10 standards set out in 14.7.6.3A.2b) - f) is achieved. metre special yard shown on Precinct Plan D (Waitemata Plaza). b) Any activity or structure associated with a "Major Event", for which an Event Permit has not been c) The activities shall comply with the noise controls obtained, except as otherwise provided for in the set out in 14.7.6.3A.1a) above. district plan, subject to compliance with rule d) No toilets shall be located in Market Square or 14.7.6.3A.1a). Waitemata Plaza except in the area shown on Precinct Plan E.

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Assessment Criteria restricted discretionary activity (except as otherwise provided for above). The Council will have regard to the assessment criteria set out below when considering an application under section b) Events, including any activity associated with a Major 104 and 104A of the Act: Event, where the relevant noise rule is not met shall be a restricted discretionary activity. a) The visual impact of the activity on the amenities of the public space and the adjacent land uses and, in Assessment Criteria particular, the extent to which the external appearance An application for a restricted discretionary activity shall of any buildings, tents, marquees, air supported be accompanied by an assessment of the environmental canopies, tables, seating and structures associated with effects of the proposed activity in terms of the following the activity are mitigated by design elements, assessment criteria: screening or other remedial measures. a) The visual impact of the activity on the amenities of b) The extent to which the activity may give rise to the pubic space and the adjacent land uses and, in adverse effects, including noise, traffic and lighting, on particular the extent to which the external appearance adjacent land uses and sites in the vicinity and the of any buildings, tents, marquees, air supported extent to which any of those effects are avoided, canopies, tables, seating and structures associated with remedied or mitigated, including in relation to the activity are mitigated by design elements, residential amenity. screening or other remedial measures. c) The extent to which the location, scale and intensity of b) The extent to which the activity may give rise to the activity itself and any proposed associated parking, adverse effects, including noise, traffic, heritage including provision for public transportation, affects matters, lighting and overshadowing on adjacent land the efficiency of traffic movements and the safety of uses and sites in the vicinity and the extent to which pedestrians. any of those effects are avoided, remedied or d) The extent to which prior consultation has been mitigated, including in relation to residential amenity. undertaken with the majority freehold land owner c) The extent to which the location, scale and intensity of within the Viaduct Harbour Precinct. the activity itself and any proposed associated parking, Consent Conditions including provision for public transportation, affects the efficiency of traffic movements, public access and In granting consent to an application for a restricted the safety of pedestrians. controlled activity the Council may impose conditions relating to the following: d) The effects on scheduled buildings, objects, heritage properties, places of special value, conservation areas, a) The location, size and external appearance of any trees, archaeological features and Maori heritage sites, buildings, tents, marquees, air supported canopies, and the extent to which any adverse effects are tables, seating and structures associated with the avoided, remedied or mitigated. activity. e) The extent to which prior consultation has been b) The hours of operation and the duration for which undertaken with the majority freehold land owner consent is given. within the Viaduct Harbour Precinct. c) Control of noise and lighting levels. Consent Conditions: d) Measures to be implemented to minimise traffic In granting consent to an application for a restricted congestion and protect traffic and pedestrian safety. discretionary activity the Council may impose conditions relating to the following: C. Restricted Discretionary Activities a) The location and external appearance of any buildings Clause 15.3.2.6 does not apply to rules a) and b) below. The associated with the activity. tests of notification of an application under section 93 and 94 of the Act shall apply. b) The hours of operation and the duration for which consent is given. a) Events, including associated parking and buildings, tents, marquees, air supported canopies, tables, seating c) Control of noise. and structures where the activities occupy any venue d) Control of lighting levels. for more than 21 days, inclusive of time required for the establishment and removal of all buildings, tents, e) Measures to be implemented to minimise traffic marquees, air supported canopies, tables, seating and congestion, protect traffic and pedestrian safety, and structures associated with the activity shall be a maintain public access.

CITY OF AUCKLAND - OPERATIVE DISTRICT PLAN CENTRAL AREA SECTION - OPERATIVE 2004See key on page 1 Page 15 of this section updated 06/09/2011 PART 14.7 - VIADUCT HARBOUR PRECINCT f) Scheduled buildings, objects, heritage properties, be considered under Clause 15.3.1.2(b) as a restricted places of special value, conservation areas, trees, discretionary activity. archaeological features and Maori heritage sites. An application for a non-complying activity will be Explanation required to modify: The purpose of the rule is to provide for a range of common • the site intensity control temporary entertainment activities that otherwise might • special yard not be allowed by the Plan rules. The rule provides flexibility for a range of temporary entertainment activities • view shafts. recognising the Viaduct Harbour Precinct’s attraction for a range of entertainment and celebratory activities. The rule recognises that there are potential adverse effects 14.7.7.1 MAXIMUM HEIGHT from such activities which need to be avoided, remedied or mitigated depending upon their scale and duration. Such (a) Subject to the bonus roof height provisions under clause effects are adequately addressed through the resource 14.7.7.1(b) the height of any building shall not exceed consent or event permit process - an open and transparent the specified maximums shown on Precinct Plan B. process regulated through the Auckland City Council Bylaw, which is constituted under the Local Government (b) Bonus Roof Height Act. The event permit process will enable effects such as This control applies in Precinct Area 1 only, except that traffic, public and pedestrian safety and public access to be there shall be no bonus roof height on the site described appropriately addressed. Additionally the rule will enable as Lot 1 DP 200465 and shown with a maximum height events associated with Major Events such as the Rugby of 5m on Precinct Plan B. World Cup 2011, which have an event permit, to occur without further assessment. The rule will also enable The maximum heights under clause 14.7.7.1(a) may be temporary activities that have not obtained an event permit exceeded for roofs, including rooftop projections, or are of a longer duration or do not comply with the noise where consent is granted to an application for a controls to be assessed in terms of potentially adverse restricted controlled activity. Consent will be granted environmental effects through the resource consent where the Council is satisfied that the form and design process. A number of such events will be permitted of the roof and rooftop projections meet the following activities by virtue of other rules in the district plan and standards and assessment criteria: such events will not require a resource consent under this Standards: rule. The height bonus will apply where the roof, including

LES - DEVELOPMENT CONTROLS any rooftop projections: a) exceeds the maximum heights under Clause 14.7.7 RULES - DEVELOPMENT 14.7.7.1(a) by no more than 2 metres; and CONTROLS b) does not result in the maximum floor area ratio for the development being exceeded.

In addition to the development control rules of this section, Assessment criteria all development within the Precinct is subject to the c) The roof profile design and composition should be following rules of Part 6 - Development Controls: considered as part of, and contribute to the overall Clause 6.2.1(a)(iii) Mt Eden View Protection Planes architectural form of the building. Emphasis should be on avoiding any adverse effects on the design and Clause 6.3 Admission of Sunlight to Public Places appearance of the building when viewed from streets Clause 6.7.2.5 Heritage Floor Space Bonus and other public spaces and from over looking buildings. Clause 6.9 Verandahs d) Rooftop projections including towers, turrets, Clause 6.11 Screening chimneys, lift towers, machinery rooms, water towers Clause 6.12 Wind Environment Control or finials should be screened or incorporated in an architecturally attractive manner as part of the overall Clause 6.13 Glare Control design of the building. An application to modify the special character frontage Note 1: The bonus will be considered for separate parts of control or exceed the maximum permitted height rule may a roof where they extend above the maximum height limits.

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Note 2: Compliance with the "Roofs" section of the shall only apply to Waitemata Plaza, Customs Street, Auckland City Design Guidelines - Viaduct Harbour will Market Place and sites to the east of Market Place. be deemed to satisfy the above assessment criteria. Explanation Explanation The provision of safe and attractive public places often The height limits imposed on buildings at Viaduct Harbour depends upon the nature of activities and building reflect the lower scale of development and character adjoining those public places. The character frontage existing in the area, the effects that tall buildings would control is designed to provide a defined edge to public have on public open space and the policy of height controls places and to provide activities that complement activities from the core of the Central Area to the harbour edge. The on the public space. The scale of buildings adjoining height bonus encourages roofs and rooftop projections to public open spaces is also an important component in the be designed in a way that makes a positive contribution to quality of those spaces.While it is expected that the the overall appearance of the building while at the same building should be designed to address the adjoining time providing for some design flexibility for the form of the public open space, strict alignment of the building frontage roof. with the boundary will not be required where active amenities such as outdoor food and beverage areas are incorporated in the design (e.g. to allow the setting back of 14.7.7.2 SPECIAL CHARACTER dining/drinking areas). FRONTAGE 14.7.7.3 SITE INTENSITY Any building on a site identified in Precinct Plan D as having a special character frontage shall generally comply with the following rules: The maximum floor area ratios for the Precinct shall be as shown on Precinct Plan C. a) The facade of the building should generally follow the site boundary or boundaries identified as a special Explanation character frontage. This site intensity control limits gross total floor area b) The facade height along that site boundary or those achievable on a site. This controls the bulk of buildings in boundaries identified as having a special character conjunction with the height control. The current scale of frontage should be not less than 8m above the ground development in the area contributes significantly to the level, provided that building height may extend to not character of Viaduct Harbour and this rule is designed to greater than that specified in Clause 14.7.7.1. ensure that new buildings are of a similar scale c) Activities occupying the ground floor frontage of a site identified as having a special character frontage shall 14.7.7.4 SPECIAL YARD be limited to those identified with an asterix in the activity table in Clause 14.7.6.1 except that : A special yard as defined on Precinct Plan D shall apply as i) such activities shall occupy not less than 70% of follows: the length and not less than 10m width of the ground floor frontage, and a) Minimum shall be width 7m. ii) this rule does not apply to the sites subject to the b) The yard shall apply from average ground level of the special character frontage located to the west of land affected to a height of 3m. Customs Street West. c) No building shall be permitted within the yard. iii) The gross floor area of any individual tenancy does Explanation not exceed 400m2. The yard is applied to the northern end of the Lighter Basin iv) The provision for accommodation/non permanent to ensure that buildings do not restrict public access along accommodation only applies to that part of the site the water’s edge.The 7m wide Special Yard comprises a 5m described as Lot 2 DP 205351 fronting Customs wide area of land at the northern end of the Lighter Basin Street West which is identified on Precinct Plan D (being Lot 1 DP 212 152) and a 2m wide area of land on as being subject to a special character frontage. which the seawall has been constructed. It is proposed that d) Verandahs or equivalent shelter (eg colonades) should ultimately both of these areas will separately be the subject be provided along the boundaries identified on Precinct of conservation covenants. Plan D as Special Character Frontages in accordance with the requirements of 6.9, provided that this clause

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of such lots to the width and configuration specified in 14.7.7.5 VIEW SHAFTS the deposited plan for each such lot. b) For the purpose of this rule "development" means site No buildings shall be erected within the areas of the view works and building construction and alterations. shafts shown on Precinct Plan D, except that: c) A single contribution shall be imposed in respect of a) In Precinct Area 2 this rule does not apply to temporary each development and no separate contribution will be buildings which are permitted activities or for which imposed in respect of any subsequent subdivision resource consent has been granted, and associated with a development, provided that any subdivision associated with a development for which b) In Precinct Area 1 this rule does not apply to verandahs consent was obtained prior to this rule becoming permitted in 6.9 or for which resource consent has been operative may be subject to a financial contribution in granted. respect of that subdivision pursuant to section 407 of Explanation the Resource Management Act 1991. There are a number of significant views of the water and d) For sites in Precinct Area 1 maximum financial adjacent areas in and to the Viaduct Harbour area. These contributions shall be assessed as follows: are protected from building and this will assist in Value of Development x 7.5% where either: integrating Viaduct Harbour with other parts of the Central Area and providing visual guides for people (i) the 7.5% is paid in cash, or moving into and through the Harbour area. (ii) up to 2.5% of the 7.5% may be provided in public amenity works and the balance 5% paid in cash. The Council must be satisfied that any public amenity works provided as part of the contribution 14.7.7.6 COVERAGE will have a direct benefit for the public including but not limited to amenities such as: The total coverage of buildings, temporary tents, marquees, • pedestrian footbridge air supported canopies, structures, tables and seating shall not exceed 20% for Waitemata Plaza as defined on Precinct • public open space Plan D and 20% for Market Square as defined on Precinct • Public rest rooms and toilets Plan D and 20% for the promenade area of Precinct Area 2 (excluding Te Wero and the Eastern Viaduct). • Through site links in the indicative locations shown on Precinct Plan D and in accordance Explanation with the standards and criteria set out in clause The purpose of the rule is to ensure that Waitemata Plaza 14.7.8.1. The value of the through-site link and Market Square and the promenade area of Precinct shall be the sum of the following: Area 2 (excluding Te Wero and the Eastern Viaduct) - the value of works for the formation of the maintain appropriate areas of unobstructed open space at through-site; and either all times for visual amenity and ease of pedestrian movement. - the freehold value of the land for an at grade through-site link which is kept clear and unobstructed of buildings from grade upwards with the exception of canopies, 14.7.8 FINANCIAL verandahs, clear translucent covers or CONTRIBUTIONS similar forms of weather protection; or - the easement value of any through-site link a) Financial contributions for the purposes of providing which does not meet the criteria of (ii) public amenities, infrastructure and new roading will above. be required for all development undertaken in Precinct e) Financial contributions will not be levied for Area 1, except that in respect of Lots 1,2,3,4 and 5 DP refurbishments. For the purpose of this rule 186033 this rule shall not apply until 1 July 2010, prior “refurbishment” means the cosmetic alteration, to which date all financial contributions shall be restoration or redecoration to the interior or exterior of deemed to be satisfied for those lots by the vesting in a building or site and includes replacement of services the Council of a 20 metre wide esplanade reserve and a such as lifts or airconditioning. “Refurbishment” conservation covenant on the eastern and northern side excludes increases to the gross floor area of a building and changes in activity such as conversion of office

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premises to retail premises and conversion of offices to of those activities which attract people, especially at residential apartments. In these cases, financial night. For example: contributions will be assessed on a case by case basis i) Upper level residential accommodation / non taking into account financial contributions previously permanent accommodation with windows or paid and the extent to which the proposed work or balconies overlooking the through site link would change in activity contributes to a need to provide be appropriate, as would cafes, restaurants or small further public amenities or services in Viaduct shops directly adjoining it. Harbour. ii) Blank facades and activities with very large Explanation frontages, especially those which are closed outside The quality and treatment of public spaces will be a major normal office hours and at weekends, are factor in creating a waterfront environment to which inappropriate. people will be attracted Lighting 14.7.8.1 Standards and criteria for through - Lighting should comply with the following: site links a) There should be a high vertical luminance so that Any through-site link proposed under 14.7.8(d)(ii) will shadows of people and indications of movement are normally be expected to meet the following standards and easily seen, even at a distance. criteria: b) Lighting should achieve the following recommended Standards: standards: a) A through site link should have a minimum • In open spaces the lighting level should be between unobstructed width of 3 metres except that 10-20 lux at a uniformity ratio better than 0.3. i) for the calculation of value of the work, the • For internal through-site links without stairs, the maximum width of any through site link is appropriate horizontal lighting level, at floor level, regarded as 6 metres. is 100 lux at a minimum uniformity of 0.6. b) Clearly visible signage should be provided at all ends • For internal through-site links with stairs and of the link identifying the link’s presence and the times escalators the appropriate horizontal lighting level, that it is available for public thoroughfare except that at stair level, is 150 lux at a minimum uniformity of the minimum hours of operation shall be 8 am. to 6 0.6. pm. seven days a week. Visibility c) The registration of an access easement on the title(s) to which the link applies is required to ensure Through site links should be designed to enable good preservation of the link and its ongoing maintenance visibility into them from adjoining private and public areas, by the owner(s) of the title(s). and within all parts of the through site links. In order to achieve this there should be: d) A through site link should comply with the design specifications for walkways contained in Appendix 8. a) Avoidance of concealed entrances and exits to reduce the potential for unseen threats. Assessment Criteria b) Clear sight lines provided from the beginning to the A proposal for a through site link shall be assessed having end of the through site link, or to and from a suitably regard to the Auckland City Design Guidelines - Viaduct safe and open intermediate junction, or change of Harbour and the Auckland City Guidelines for Design direction or grade. Where a junction or change of Against Crime in the Central Area and the following direction or grade occurs, the design of the junction or criteria: change of direction or grade should allow for clear Activities within and adjoining through-site links. In order lines of sight on approach to it. Maximum visibility of to encourage public use of through site links and to provide the route from either direction of travel should be surveillance of them at night the following factors should provided. be provided for: c) The extent and placement of stairs within through site a) Provision should be made for activities to locate within links should be designed so that visibility to the main the through site links or spread into them from adjacent part of the amenity from its entrance is unobstructed. private space. d) Areas that are set back from the through site link b) Buildings adjoining the through site links should be should have a clear two-way view to and from the designed to provide for or facilitate the establishment

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through site link and the surrounding area to eliminate Part 5 ...... Activities hiding places and avoid the possibility of entrapment. Part 6 ...... Development Controls e) Entrances and exits should be designed to provide Part 7 ...... Noise, Signs and Lighting good visibility into areas reached or approached. Part 8 ...... Financial Contributions f) Where practical, maximum visibility should be provided between the through site link and adjacent Part 9 ...... Transportation private and public spaces. Part 10 ...... Heritage g) Seating areas should be situated where they will be Part 11 ...... Hazardous Facilities and Contaminated clearly visible from other parts of the through site link sites and, wherever practical, be visible from adjoining public or private spaces. Part 12 ...... Network Utility Services Part 13 ...... Subdivision 14.7.9 RESTRICTED VEHICLE Part 14 ...... Precincts and Quarters ACCESS Part 15 ...... General Rules/Designations Part 16 ...... Definitions and Interpretations Vehicular access from and to Sturdee Street and Fanshawe Street (except 7-9 Fanshawe Street, being the land in Certificate of Title 7B/1437), shall be limited to left turn manoeuvres only except where associated with a service station, provided that nothing in this clause shall limit the Council's powers in relation to roads under the Local Government Act 1974 and, in particular, its powers to construct median strips in roads where it considers that such works are necessary for traffic safety reasons. Explanation The quantity and nature of traffic on Fanshawe Street is such that right turns into it should be avoided.

14.7.10 EASTERN VIADUCT PEDESTRIAN ACCESSWAY

External public pedestrian access around the perimeter of the Eastern Viaduct and public access to the water’s edge is to be provided for consistent with the operational or safety requirements of the use of the area. The pedestrian accessway on the southern side of the Eastern Viaduct shall not be less than 10m wide. All public accessways shall be freely available for use by pedestrians at all reasonable times, except where restricted for operational, security or safety reasons specified in the conservation covenants applying to the area.

14.7.11 REFERENCES

Reference should also be made to the following Parts. Part 4 ...... Strategic Management Areas

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